Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Interconnected Transmission Owner of its election to exercise the Option to Build, Interconnection Customer shall solicit bids from one or more Approved Contractors named on the Interconnected Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Transmission Owner Interconnection Facilities that the Interconnection Customer seeks to build under the Option to Build on terms (i) that will meet the Interconnection Customer’s proposed schedule; (ii) that, if the Interconnection Customer seeks to have an Approved Contractor construct or install Transmission Owner Attachment Facilities and Direct Connection Network Upgrades, will satisfy all of the conditions on construction specified in Sections 3.2.3.2 and 3.2.3.3 of this Appendix 2; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this Appendix 2.
Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Transmission Owner of its election to exercise the Option to Build, New Service Customer shall solicit bids from one or more Approved Contractors named on the Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Direct Assignment Facilities or Customer-Funded Upgrades that the New Service Customer seeks to build under the Option to Build on terms (i) that will meet the New Service Customer’s proposed schedule; (ii) that, if the New Service Customer seeks to have an Approved Contractor construct or install Direct Assignment Facilities or Customer-Funded Upgrades that are Direct Connection Network Upgrades, will satisfy all of the conditions on construction specified in Sections 6.2..2 and 6.2.3 of this Appendix III; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this Upgrade CSA.
Option Procedures. If CAMBRIDGE COMMUNICATIONS and ACX both fail timely to lease Suite 303 and/or irrevocably waive their tights to lease Suite 303, then Lessor shall give to Lessee a written offer ("Offer") to lease Suite 303. Said Offer shall be upon the terms set forth in Subparagraph C of this Paragraph 8 and shall be subject to the rights of CLAM to lease Suite 303 on the terms set forth in the Offer. Lessee shall have fourteen (14) business days following receipt of the Offer to give written notice ("Acceptance Notice") to Lessor accepting the Offer. If Lessee does not timely give the Acceptance Notice, Lessee shall have no further right to lease Suite 303 pursuant to this Subparagraph C, time being of the essence of this Subparagraph C. If Lessee timely gives the Acceptance Notice, then, subject to the provisions of this Subparagraph C, Lessor shall demise and lease to Lessee, and Lessee shall hire and take from Lessor Suite 303 on the terms set forth in the Offer. Notwithstanding anything to the contrary herein contained:
Option Procedures. The Lead Compound Option shall be exercisable solely by the Securityholder Agent on behalf of all of the Former Company Stockholders. Parent will (i) deliver written notice (the "Parent Notice") to the Securityholder Agent promptly after it has determined that neither of the conditions described in Section 1.6(b)(ii)(A) has been satisfied and (ii) permit the Securityholder Agent and up to two (2) consultants designated by the Securityholder Agent to review the Lead Compound Information and the Lead Compound Documents, provided that the Securityholder Agent and the consultants execute a confidentiality agreement in a form reasonably acceptable to Parent prior to initiating such review. To exercise the Lead Compound Option, the Securityholder Agent must deliver to Parent written notice (the "Agent Notice") of his or her election on behalf of all of the Former Company Stockholders to exercise the Lead Compound Option within thirty (30) calendar days after the date of the Parent Notice. Parent shall, promptly after receipt of the Agent Notice, use its reasonable efforts to obtain the consent of the party from whom the rights to the Lead Compound have been licensed (the "Licensing Party") to the transfer of all of Parent's and the Company's rights in the Lead Compound Rights to the Securityholder Agent or his or her designee, free and clear of all liens and security interests created by Parent or, after the Effective Time, the Company. Parent shall not, however, be required to pay any consideration to the Licensing Party or to utilize any extraordinary efforts to obtain the Licensing Party's consent to the transfer. In the event that within sixty (60) days of the date of the Agent Notice (A) the Licensing Party for any reason will not consent to the transfer or (B) the Securityholder Agent has not delivered to Parent a power of attorney in the form approved by Parent executed by each Former Company Stockholder, which power of attorney shall be in full force and effect and shall appoint the Securityholder Agent as the attorney-in-fact for such Former Company Stockholder to take all actions on behalf of such Former Company Stockholder that the Securityholder Agent deems necessary or desirable in connection with the Merger, and shall release Parent from all claims related to actions taken in reliance on certificates or instructions of the Securityholder Agent, the Lead Compound Option shall terminate and Parent shall be under no obligation (X) to continue to attem...
Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Interconnected Transmission Owner of its election to exercise the Option to Build, Interconnection CustomerDeveloper Party shall solicit bids from one or more Approved Contractors named on the Interconnected Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Transmission Owner Interconnection FacilitiesNetwork Upgrades that the Interconnection CustomerDeveloper Party seeks to build under the Option to Build on terms (i) that will meet the Interconnection Customer’sDeveloper Party’s proposed schedule; (ii) that, if the Interconnection CustomerDeveloper Party seeks to have an Approved Contractor construct or install Transmission Owner Attachment Facilities and Direct Connection Stand Alone Network Upgrades, will satisfy all of the conditions on construction specified in Sections 36.2.3...2 and 36.2.3.3 of this Xxxxxxxx 0XXX; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this Appendix 2CSA.
Option Procedures. If Sublessee elects the Purchase Option, Sublessor shall execute and deliver to Sublessee such documents as may be reasonably required to release the Equipment from the terms and scope of this Sublease and to transfer the right, title and interest of Sublessor in the Equipment to Sublessee without representations or warranties except that the Equipment is free and clear of the Lease, in such form as may be reasonably requested by Sublessee all at Sublessee's sole cost and expense.
Option Procedures. (a) Within 10 days after notifying Transmission Provider and the Transmission Owner of its election to exercise the Option to Build, Developer Party shall solicit bids from one or more Approved Contractors named on the Transmission Owner’s List of Approved Contractors to procure equipment for, and/or to design, construct and/or install, the Network Upgrades that the Developer Party seeks to build under the Option to Build on terms (i) that will meet the Developer Party’s proposed schedule; (ii) that, if the Developer Party seeks to have an Approved Contractor construct or install Stand Alone Network Upgrades, will satisfy all of the conditions on construction specified in Sections 6.2..2 and 6.2.3 of this Appendix III; and (iii) that will satisfy the obligations of a Constructing Entity (other than those relating to responsibility for the costs of facilities) under this CSA.
Option Procedures. (a) If Lessee elects the Purchase Option, Lessee shall provide to Lessor a certificate signed by a Senior Officer of Lessee stating whether Sublessee has properly exercised the Purchase Option (as such term is defined in the Sublease) under Section 5.3(a) of the Sublease (and, if it has been exercised, attaching a copy of such Sublessee notice of exercise) and Lessor shall execute and deliver to Lessee (if Lessee pays the Purchase Option Exercise Amount to Lessor) or Sublessee (if Sublessee has exercised its Purchase Option in the Sublease and Sublessee pays the Purchase Option Exercise Amount to Lessor) such documents as may be reasonably required to release the Equipment from the terms and scope of this Lease and to transfer the right, title and interest of Lessor in the Equipment to Lessee or Sublessee (as the case may be), without representations or warranties except that the Equipment is free and clear of Lessor Liens, in such form as may be reasonably requested by Lessee or Sublessee (as the case may be), all at Lessee's or Sublessee's (as the case may be) sole cost and expense. Lessee hereby directs, and Lessor hereby agrees to, accept the Purchase Option Exercise Amount from Sublessee and upon receipt thereof to transfer the right, title and interest of Lessor in the Equipment to Sublessee if Sublessee has exercised its Purchase Option under the Sublease. If the Purchase Option is elected and the payment of the Purchase Option Exercise Amount is at any time thereafter rescinded or must otherwise be restored or returned upon the occurrence of an event of the type specified in SECTIONS 10.1(f) or 10.1(g), the obligations of the Lessee hereunder to pay the Purchase Option Exercise Amount shall be reinstated as though such payment had been due but not paid as of such time.
Option Procedures. Section 3.6
Option Procedures
